Meeting documents

Area 3 Planning Committee
Thursday, 23rd March, 2006 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP3 06/025 Declarations of interest.
Councillors Chapman, Hayes, Hickmott, Laverty and Miners declared personal interests in the applications relating to Peters Pit in that, as members of Snodland Town Council, they were partners with the applicant in the Snodland Partnership.

Councillor Diment declared a personal and prejudicial interest in application TM/05/04217/FL in that he had previously made public his opinion on telecommunication masts and he withdrew from the meeting during consideration of this item.
AP3 06/026 Minutes
RESOLVED: That the Minutes of the meeting of Area 3 Planning Committee held on 23 February 2006 be approved as a correct record and signed by the Chairman.
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
AP3 06/027 Development Control
Decisions were taken on the following applications subject to the prerequisites, informatives, conditions or reasons for refusal set out in the report of the Director of Planning and Transportation, or to the variations indicated below.

Members of the public addressed the meeting where the required notice had been given and their comments were taken into account by the Committee when determining the applications. Speakers are listed under the relevant planning applications shown below.
AP3 06/028 A) TM/04/04322/OAEA; B) TM/05/00989/OAEA; C) TM/04/04323/FLEA; D) TM/05/00990/FLEA; E) TM/05/00585/A10; F) TM/05/01357/A10 - A) & B) Former Peters Pit And Peters Works Site, Hall Road, Wouldham; C), D), E) & F) Land Between A228 on West Bank of Medway and Peters Pit on East Bank of Medway, Hall Road, Wouldham
Applications A & B: Formation of development platforms and creation of new community including residential development, mixed-use village centre (including A1; A3 and B1 use), community facilities and primary school and associated highways works at Former Peters Pit and Peters Works Site, Hall Road, Wouldham;

Applications C & D: Construction of a single carriageway road crossing incorporating segregated pedestrian and cycle way at land between A228 on West Bank of Medway and Peters Pit on East Bank of Medway, Hall Road, Wouldham; and

Applications E & F: Article 10 Consultation: Construction of a single carriageway road crossing incorporating segregated pedestrian and cycle way at land between A228 on West Bank of Medway and Peters Pit on East Bank of Medway, Hall Road, Wouldham

RESOLVED: That, in respect of application

(A) the Secretary of State be advised that had Tonbridge and Malling Borough Council been in a position to determine the application, it would have Granted Outline Planning Permission as detailed by letters dated 16 January 2006, 17 December 2004 and 16 March 2006, Updated Non-Technical Summary dated March 2006, Non-Technical Summary of the Amplification of the Environmental Statement, Planning Assessment dated December 2004, Statement of Affordable Housing Provision at Peters Village dated December 2004, Peters Village Design Brief dated December 2004, Peters Village Transport Assessment dated 6 December 2004, Environmental Statement including Technical Appendices (3 volumes) dated December 2004, Environmental Statement Non-Technical summary dated December 2004, Amplification of the Environmental Statement dated December 2005, by site plan received on the 17 December 2004 and by plans JNY4903/21 Rev A and JNY4903/33 subject to:
(1) Matters relating to highways being resolved;
(2) The applicant entering into a Section 106 Legal Obligation as detailed in paragraph 6.7 of the report as amended to include additional obligations relating to flood defences by Ferry Lane, Wouldham, the phasing of the development and bus service provision;
(3) The conditions as detailed in paragraph 6.8 of the report and subject to further conditions relating to:
(a) Ground levels on the development site should be raised to a minimum of 6.0m ODN, as suggested in the ES submitted with the planning application;
(b) Finished floor levels for all residential development or educational buildings should be a minimum of 6.6m ODN;
(c) Detailed plans for Greenway;
(d) Details of cycleways linking the Medway Valley Crossing to the existing Public Rights of Way network and greenway; and
(e) Provision of riverside footpath with links to the new crossing and the existing Public Rights of Way network and greenway; and
(4) the following matters being pursued further with the applicants:
(a) Scarborough Lane be closed at its junction with Court Road/Hall Road and also at the junction with Margetts Lane - at the earliest opportunity should planning permission be finally granted and commensurate with the application of other legisaltion;
(b) The height of the buildings along the river frontage be reduced to accommodate buildings appropriate to a this location;
(c) The improvements to Pilgrims Way and the roundabout onto Rochester Road be brought forward in the development programme; and
(d) Clarification to ensure that all necessary processes have been carried-out in relation to the cSAC and the EU directive.

(B) Outline Planning Permission be Granted as detailed by letters dated 16 January 2006, 30 March 2005 and 16 March 2006, Updated Non-Technical Summary dated March 2006, Non-Technical Summary of the Amplification of the Environmental Statement, Planning Assessment dated December 2004, Statement of Affordable Housing Provision at Peters Village dated December 2004, Peters Village Design Brief dated December 2004, Peters Village Transport Assessment dated 6 December 2004, Environmental Statement including Technical Appendices (3 volumes) dated December 2004, Environmental Statement Non-Technical summary dated December 2004, Amplification of the Environmental Statement dated December 2005, by site plan received on the 17 December 2004 and by plans JNY4903/21 Rev A and JNY4903/33 subject to:
(1) Matters relating to highways being resolved;
(2) The applicant entering into a Section 106 Legal Obligation as detailed in paragraph 6.7 of the report as amended to include additional obligations relating to flood defences by Ferry Lane, Wouldham, the phasing of the development and bus service provision;
(3) The conditions as detailed in paragraph 6.8 of the report and subject to further conditions relating to:
(a) Ground levels on the development site should be raised to a minimum of 6.0m ODN, as suggested in the ES submitted with the planning application;
(b) Finished floor levels for all residential development or educational buildings should be a minimum of 6.6m ODN;
(c) Detailed plans for Greenway;
(d) Details of cycleways linking the Medway Valley Crossing to the existing Public Rights of Way network and greenway; and
(e) Provision of riverside footpath with links to the new crossing and the existing Public Rights of Way network and greenway; and
(4) the following matters being pursued further with the applicants:
(a) Scarborough Lane be closed at its junction with Court Road/Hall Road and also at the junction with Margetts Lane - at the earliest opportunity should planning permission be finally granted and commensurate with the application of other legisaltion;
(b) The height of the buildings along the river frontage be reduced to accommodate buildings appropriate to a this location;
(c) The improvements to Pilgrims Way and the roundabout onto Rochester Road be brought forward in the development programme; and
(d) Clarification to ensure that all necessary processes have been carried-out in relation to the cSAC and the EU directive.

(C) the Secretary of State be advised that had Tonbridge and Malling Borough Council been in a position to determine the application, it would have Granted Planning Permission as detailed by letters dated 17 December 2004, 16 January 2006 and 16 March 2006, Updated Non-Technical Summary dated March 2006, Non-Technical Summary of the Amplification of the Environmental Statement, Medway Valley Crossing Transport Assessment dated 10 December 2004, Planning Assessment dated December 2004, Amplification of the Environmental Statement including Technical Appendices (3 volumes) dated December 2005, Medway Valley Crossing Design Statement dated December 2004 and by plans 4172 503, C18 (950)11 Rev P04, CRB (900) 004 Rev P01, c37 (950)23 Rev P01, C01 (950) 012 Rev P02, CRC (900) 002 Rev P01 subject to:
(1) Matters relating to highways being resolved;
(2) The applicant entering into a Section 106 Legal Obligation as detailed in paragraph 6.7 of the report as amended to include additional obligations relating to flood defences by Ferry Lane, Wouldham, the phasing of the development and bus service provision; and
(3) The conditions as detailed in paragraph 6.8 of the report and subject to further conditions relating to:
(a) Ground levels on the development site should be raised to a minimum of 6.0m ODN, as suggested in the ES submitted with the planning application;
(b) Finished floor levels for all residential development or educational buildings should be a minimum of 6.6m ODN;
(c) Detailed plans for Greenway;
(d) Details of cycleways linking the Medway Valley Crossing to the existing Public Rights of Way network and greenway; and
(e) Provision of riverside footpath with links to the new crossing and the existing Public Rights of Way network and greenway.

(D) Planning Permission be Granted as detailed by letters dated 30 March 2005, 16 January 2006 and 16 March 2006, Updated Non-Technical Summary dated March 2006, Non-Technical Summary of the Amplification of the Environmental Statement, Medway Valley Crossing Transport Assessment dated 10 December 2004, Planning Assessment dated December 2004, Amplification of the Environmental Statement including Technical Appendices (3 volumes) dated December 2005, Medway Valley Crossing Design Statement dated December 2004 and by plans 4172 503, C18 (950)11 Rev P04, CRB (900) 004 Rev P01, c37 (950)23 Rev P01, C01 (950) 012 Rev P02, CRC (900) 002 Rev P01 subject to:
(1) Matters relating to highways being resolved;
(2) The applicant entering into a Section 106 Legal Obligation as detailed in paragraph 6.7 of the report as amended to include additional obligations relating to flood defences by Ferry Lane, Wouldham, the phasing of the development and bus service provision; and
(3) The conditions as detailed in paragraph 6.8 of the report and subject to further conditions relating to:
(a) Ground levels on the development site should be raised to a minimum of 6.0m ODN, as suggested in the ES submitted with the planning application;
(b) Finished floor levels for all residential development or educational buildings should be a minimum of 6.6m ODN;
(c) Detailed plans for Greenway;
(d) Details of cycleways linking the Medway Valley Crossing to the existing Public Rights of Way network and greenway; and
(e) Provision of riverside footpath with links to the new crossing and the existing Public Rights of Way network and greenway.

(E) The Secretary of State be advised that had Tonbridge and Malling Borough Council been in a position to express its representations on the Article 10 notification, it would have been to raise no objections as detailed by letters dated 30 March 2005, 16 January 2006 and 16 March 2006, Updated Non-Technical Summary dated March 2006, Non-Technical Summary of the Amplification of the Environmental Statement, Medway Valley Crossing Transport Assessment dated 10 December 2004, Planning Assessment dated December 2004, Amplification of the Environmental Statement including Technical Appendices (3 volumes) dated December 2005, Medway Valley Crossing Design Statement dated December 2004 and by plans 4172 503, C18 (950)11 Rev P04, CRB (900) 004 Rev P01, c37 (950)23 Rev P01, C01 (950) 012 Rev P02, CRC (900) 002 Rev P01 subject to:
(1) Matters relating to highways being resolved
The applicant entering into a Section 106 Legal Obligation as detailed in paragraph 6.7 of the report as amended to include additional obligations relating to flood defences by Ferry Lane, Wouldham, the phasing of the development and bus service provision; and
(3) The conditions as detailed in paragraph 6.8 of the report and subject to further conditions relating to:
(a) Ground levels on the development site should be raised to a minimum of 6.0m ODN, as suggested in the ES submitted with the planning application;
(b) Finished floor levels for all residential development or educational buildings should be a minimum of 6.6m ODN;
(c) Detailed plans for Greenway;
(d) Details of cycleways linking the Medway Valley Crossing to the existing Public Rights of Way network and greenway; and
(e) Provision of riverside footpath with links to the new crossing and the existing Public Rights of Way network and greenway.

(F) No Objections be Raised as detailed by letters dated 30 March 2005, 16 January 2006 and 16 March 2006, Updated Non-Technical Summary dated March 2006, Non-Technical Summary of the Amplification of the Environmental Statement, Medway Valley Crossing Transport Assessment dated 10 December 2004, Planning Assessment dated December 2004, Amplification of the Environmental Statement including Technical Appendices (3 volumes) dated December 2005, Medway Valley Crossing Design Statement dated December 2004 and by plans 4172 503, C18 (950)11 Rev P04, CRB (900) 004 Rev P01, c37 (950)23 Rev P01, C01 (950) 012 Rev P02, CRC (900) 002 Rev P01 subject to:
(1) Matters relating to highways being resolved;
(2) The applicant entering into a Section 106 Legal Obligation as detailed in paragraph 6.7 of the report as amended to include additional obligations relating to flood defences by Ferry Lane, Wouldham, the phasing of the development and bus service provision; and
(3) The conditions as detailed in paragraph 6.8 of the report and subject to further conditions relating to:
(a) Ground levels on the development site should be raised to a minimum of 6.0m ODN, as suggested in the ES submitted with the planning application;
(b) Finished floor levels for all residential development or educational buildings should be a minimum of 6.6m ODN;
(c) Detailed plans for Greenway;
(d) Details of cycleways linking the Medway Valley Crossing to the existing Public Rights of Way network and greenway; and
(e) Provision of riverside footpath with links to the new crossing and the existing Public Rights of Way network and greenway.

[Speakers: Mr M Ross - Wouldham Parish Council; Mr J Verrall - Burham Parish Council; Mr T Fulwell, Mrs K Webster, Mr A Twocock (on behalf of Mrs J Twocock), Mr A Miles and Mrs S Stevenson - members of the public]
AP3 06/029 TM/05/04217/FL - Land Adjacent Pilgrims Way and Hill Road, Wouldham
Telecommunications installation comprising 1 no. 12 metre timber column mast accommodating 3 no. antennas and 2 no. transmission dishes with 6 no. equipment cabinets accommodated within a 10.5m x 1.8m close boarded timber fenced compound at land adjacent Pilgrims Way and Hill Road, Wouldham

RESOLVED: That the application be

APPROVED subject to the addition of condition
6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) no development shall be carried out within Class A, of Part 24 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto.
Reason: To enable the Local Planning Authority to regulate and control any such further development in the interests of the appearance and character of the site and the locality.
AP3 06/030 TM/06/00306/DR3 - Land East of Bailey Bridge Road, Aylesford
Variation of condition 1 of planning permission TM/04/00479/DR3 (Application for renewal of Planning Permission TM/02/02648/DR3: Two sales pitches for mobile traders 1) Hot food trader 2) Fresh farm produce) to allow for the permanent retention of two sales pitches for mobile traders at land East of Bailey Bridge Road, Aylesford

RESOLVED: That the application be

APPROVED
AP3 06/031 TM/05/03322/RD - Former Council Depot, 77 83 91 And Mcnaughtons Yard, Mill Street, East Malling
Revised landscaping details by millpond submitted pursuant to condition 4 of planning permission TM/01/03099/FL: Residential development comprising 63 new build and 2 refurbished dwellings and associated external works, access, landscaping, parking, garaging and traffic management proposals at
Former Council Depot, 77, 83, 91 and McNaughtons Yard, Mill Street, East Malling

RESOLVED: That the application be

APPROVED
AP3 06/032 TM/05/03207/FL - 95 Birling Road, Snodland
Two no. new dwellings to the rear of 95 Birling Road Snodland

RESOLVED: That the application be

DEFERRED for a Members' site inspection.
AP3 06/033 TM/05/04134/WAS - Aylesford Sewage Disposal Works, Bull Lane, Eccles
Expansion and improvement of the Sludge Recycling Centre including improvements to the site access junction with Bull Lane, improvements to visibility splays and creation of passing bays along the access road
Aylesford Sewage Disposal Works, Bull Lane, Eccles

RESOLVED: That Kent County Council be advised that the Borough Council raises strong objections to the application as detailed by letter dated 7 December 2005, Part 1 - Planning Applications Forms and Drawings and Part 2 - Supporting Statement and Environmental Report for the following reasons:
• The local highway network of Bull Lane through the village of Eccles and at its junction with Pilgrims Way is inadequate to accommodate the significant increase in Heavy Goods Vehicles without resulting in hazardous highway conditions for road users and pedestrians;
• The increase in traffic movements will result in significant disturbance and harm to the residential amenity of the properties fronting onto Bull Lane;
• The proposed handling, storage and transportation of the digested sludge will result in odour nuisance unless an appropriate management plan can prevent the re-wetting of sludge and resultant production of ammonia;
• The proposed development will result in adverse air quality for the residents of Corporation Cottages;
• The development will result in a harmful impact on the quality of water through the discharge of water from the sludge recycling centre into the River Medway; and
• The level of odour emissions should be assessed at the lower 1 ouE/Cubic metre standard as this is a substantial new build, rather than relying on the 5 ouE/Cubic metre standard for existing premises.

In the event that Kent County Council Approve the application, the Borough Council would like the following matters to be covered by condition:
• Nature conservation mitigation strategy for dealing with slow worms;
• Odour management programme;
• Air quality appraisal of boiler and flare stack;
• Details of surface water drainage;
• Landscaping;
• Restriction the number of HGV movements per day;
• Passing places along Bull Lane should be provided to accommodate passing HGV'c and buses;
• The flare stacks should be designed with heat recovery in mind; and
• Hours of use to the existing and proposed use to be restricted to normal working hours.
MATTERS SUBMITTED FOR INFORMATION
AP3 06/034 List D
The Director of Planning and Transportation submitted a list of applications determined since the date of the previous meeting.

RESOLVED: That the report be received and noted.
AP3 06/035 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP3 06/036 Forthcoming Public Inquiries and Hearings
The Chief Solicitor presented details of arrangements made for forthcoming Public Inquiries and Hearings.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP3 06/037 Exclusion of Press and Public
No matters were considered in private.
The meeting anded at 2246 hours

Attendance Details

Present:
Cllr Mrs E A Simpson (Chairman), Cllr P M Hickmott (Vice-Chairman), Cllr G R W Chapman, Cllr J R H Clements, Cllr R W Dalton, Cllr D A S Davis, Cllr M P Diment, Cllr J Hayes, Cllr P J Homewood, Cllr D M Laverty, Cllr D Lettington, Cllr B Miners, Cllr M J Porter, Cllr Mrs C M Ridsdill-Smith, Cllr G Rowe and Cllr D Thornewell.
In attendance:
Councillors Balfour, R Brown, Luker and Worrall were also present pursuant to Council Procedure Rule No 15.21.

Apologies for absence were received from Councillors Mrs Oakley, Sullivan and Mrs Woodger.